New Presidential Proclamation Restricts Entry of Certain Foreign Nationals (Effective Monday, June 9, 2025)

On June 4, 2025, President Trump issued a new proclamation significantly restricting the entry of foreign nationals from 12 countries and partially limiting entry from an additional 7 countries, citing national security and public safety concerns. This action is based on an assessment of countries’ screening and vetting capabilities, information sharing, and risk factors including terrorist presence and visa overstay rates.

Key Details

• Full Entry Restrictions: Nationals from Afghanistan, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen face a full suspension of entry.
• Partial Entry Restrictions: Entry is partially restricted for nationals from Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela, with restrictions applying to individuals seeking to enter the U.S. as immigrants or pursuant to B‑1, B-2, B-1/B-2, F, M, and J visas.
• Effective Date: The restrictions take effect at 12:01 a.m. EDT on Monday, June 9, 2025.
• Exceptions at a Glance: The proclamation includes exceptions for U.S. lawful permanent residents, dual citizens (who travel on their non-subject passport), existing visa holders, certain visa categories, and individuals whose entry serves U.S. national interests, among others.

Exceptions – A Closer Look

The scope of the proclamation applies only to individual of the listed countries who are currently outside the U.S. and without a valid visa.  As such, we understand that individuals who currently hold valid visas are not subject. Additionally, the proclamation expressly includes several important exemptions. The suspension and limitation on entry will not apply to:

• US lawful permanent residents (Green Card holders);
• Dual nationals of a subject country when the individual is traveling on a passport issued by a non-subject country (i.e., an individual with dual Canadian and Iranian citizenship who seeks to enter using his/her Canadian passport);
• Foreign nationals and their dependents travelling with a government-related nonimmigrant visa, including A, C, G, NATO categories.
• Athletes or member of an athletic team, including coaches and support staff, and their dependents travelling to the U.S. for the World Cup, Olympics, or other major sporting event;
• Immediate family immigrant visas with clear and convincing evidence of identity and family relationship;
• Adoptees;
• Afghan Special Immigrant Visas;
• Special Immigrant Visas for United States Government employees; and
• Immigrant visas for ethnic and religious minorities facing persecution in Iran.

Exceptions to the travel ban may be made for individuals whose travel to the U.S. would advance a critical national interest involving the U.S. Department of Justice, to be determined by the Attorney General.  Additionally, exceptions will be made on a case-by-case basis for individuals whose travel would serve the U.S. national interest as determined by Secretary of State in coordination with the Secretary of Homeland Security.

Further, the proclamation states that it will not apply to individuals who have been granted asylum, refugees who have already been admitted to the U.S. or individuals who have been granted withholding of removal or protection under the Convention Against Torture (CAT).  The proclamation also expressly states that it should not be construed to “limit the ability of an individual to seek asylum, refugee status, withholding of removal, or protection under the CAT.”

Background

Bans on travel to the U.S. from nationals of certain countries by Executive Order became a hallmark of the first Trump administration’s immigration policy. Early into President’s Trumps first term, travel bans for individuals from countries including Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen were announced with more countries added in the following months. Multiple injunctions were filed against the bans, but ultimately the Supreme Court determined in June 2018 that the President had lawfully exercised the broad discretion granted to him by Congress to suspend the entry of foreign nationals to the U.S. for purposes of national security.

What Employers Need to Know

This proclamation has significant implications for individuals from the listed countries seeking to enter the U.S., as well as for businesses and educational institutions with ties to these regions. Affected individuals and entities should seek immediate legal counsel to understand the specific impact on their immigration status, travel plans, and operations.

Further, we anticipate that there may be additional scrutiny and improper exclusion from the U.S. even in those cases that facially qualify for exemptions.

Gibney is closely monitoring these developments and will provide additional updates as they are announced.  This alert is solely for informational purposes and does not constitute legal advice.  If you have questions or require assistance, please contact your Gibney representative or email info@gibney.com.